Resolving Disputes Over Guardian or Conservator Performance in Florida
Guardianship and conservatorship are legal tools for protecting the interests of people who cannot do so themselves. Guardians are appointed by court order to protect the personal and medical interests of an incapacitated person, known legally as the ward; and conservators are appointed to manage a ward's estate and financial affairs. The same person can be appointed to serve in both capacities.
In many cases, every aspect of a guardianship or conservatorship can be subject to dispute, either between the people seeking the court appointment and the person to be protected, or between different groups of people interested in the diligent, competent and honest performance of the guardian or conservator. Contact the probate litigation attorneys of Grumer & Macaluso, P.A., in Fort Lauderdale to learn more about our approach to client service in litigation involving guardians and conservators.
Disputes can arise over any number of issues in guardianship or conservatorship cases:
- Whether the person to be protected actually needs a guardian or conservator
- Whether less intrusive or restrictive measures will meet the objectives
- Who should be appointed
- Conflict between the guardianship petition and the terms of any valid power of attorney
- Whether the guardian or conservator is meeting fiduciary standards of performance
- Accuracy or timeliness of reports and accountings
- Modification of the terms of a guardianship or conservatorship
- Replacement of a guardian or conservatorship for neglect, abuse or breach of fiduciary duty
- Recovery of assets wasted or improperly transferred by a conservator
- Timing, terms and value of asset liquidations, including real estate sales, necessary to protect the ward's interests
- Termination of the appointment due to the ward's recovery of capacity
The Florida guardianship litigation attorneys of Grumer & Macaluso can meet the legal, procedural and evidentiary challenges of these cases while remaining sensitive to the family dynamics that can inform or complicate the appointment or performance of guardians and conservators.
Fort Lauderdale Disputed Guardianship Lawyers: Call 888-587-5549
To learn how our law firm's experience with complex probate litigation can benefit families, incapacitated individuals and those serving as guardians or conservators, contact Grumer & Macaluso, P.A., in Fort Lauderdale.
